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PACKARD'S WESTERN STORE, INC. v. STATE, D.O.T

No. 24677-CA.

618 So.2d 1166 (1993)

PACKARD'S WESTERN STORE, INC., Plaintiff-Appellee, v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied June 17, 1993.

Attorney(s) appearing for the Case

Bertrand & Soileau by Ronald J. Bertrand, Rayne, for defendant-appellant.

Smitherman, Lunn, Chastain & Hill by W. James Hill, III and Donald Lee Brice, Jr., Shreveport, for plaintiff-appellee.

Before MARVIN, C.J., and LINDSAY and HIGHTOWER, JJ.

MARVIN, Chief Judge.

In this action by a shopping center tenant against the State, DOTD, who effectively expropriated the shopping center property by purchasing it from the owner for inclusion in the I-49 right-of-way, the State appeals a judgment based on a jury verdict that awarded the tenant over $700,000 for its "losses" as a result of the taking, plus $170,000 attorney fees which were taxed as costs.

The State complains of the jury charges and the jury...

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